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FSSAI License

Food Safety and Standards Authority of India (FSSAI) is a government organisation that oversees and governs the food industry of India. This was established to curb food adulteration and sale of sub-standard products in the Indian food market.

FSSAI takes care of the food licensing and also looks into the rules and regulations for the Food Business Operators (FBO). The FSSAI license is usually granted to all businesses (manufacturers, traders, restaurants) offering food items in any form for consideration.

In this article, we will cover the following topics:

Types of FSSAI Registration

Parameters are set for selecting the class of FSSAI registration. This helps to segregate the businesses into different categories, thus, assisting administrators in functioning better. A nominal annual fee ranging between INR 100 to INR 7500 is charged for this.

Read here to know the criteria for the registration of specific food items along with the list of particular documents required during registration and annual fee imposed for the same.

Type of Registration Turnover Limit
Normal FSSAI Registration 0 – 12 Lakhs INR
State FSSAI Registration 12 Lakhs – 20 Crore INR
Central FSSAI Registration More than 20 Crore INR and business operations in different states

Standard documents required for obtaining FSSAI registration

  1. ID proof
  2. Partnership Deed / Certificate of Incorporation / Articles of Association or similar
  3. Food safety management system plan
  4. Passport Size photo
  5. Address proof of premises:
    • In the case of own office – Copy of electricity bill/ landline bill/ water bill/ municipal khata copy/ property tax receipt is sufficient.
    • In the case of rented office – Rent agreement with an electricity bill of the owner and No Objection Certificate (NOC) from the owner is required.

Documents Required for Obtaining the State/Central License

Apart from the standard documents required, the FBO has to provide the following documents too:

  1. Processing unit plan  or certificate (if any)
  2. Name and list of equipment and machinery used
  3. List of food category desired to be manufactured (In case of manufacturers)
  4. Authority letter from the manufacturer (when applicable)
  5. Water test report
  6. NOC and copy of the license from the manufacturer in case of re-labellers (mandatory)
  7. Copy of certificate obtained under the Co-op Act 1861/Multi state Coop Act 2002
  8.  Source of raw material for meat and meat processing plants (when applicable)
  9. Recall plan (wherever applicable)
  10. Certificate from Ministry of Commerce (MOC) for 100% EOU
  11. NOC from the municipality or local body
  12. IE code document issued by DGFT (if applicable)
  13. Declaration form
  14. Proof (supporting document) of turnover and transportation

Benefits of applying for FSSAI Registration

Consumer Awareness

FSSAI license helps the FBO to build a reliable and loyal customer base as this license indicates that the company is complying to all the required food safety standards.

Goodwill

FSSAI logo mark assures the consumers that the food they are buying is safe to consume.

Legal standing

Food Business Operators who have procured FSSAI License have the legal advantage over other similar business prevailing in the market. Further, this also helps the company to avoid the cost that they may have to bear due to any non-compliance (penalties, claims, etc.).

Note: The Food Safety and Standards Authority of India has mandated food operators to obtain Food license.

Business Expansion

The goodwill of the Food Safety Management System (FSMS) will help the FBO to expand the business effortlessly as one can easily get funds from banks and other financial institutions.

FSSAI Registration Process

Note: FSSAI has launched the Food Safety Compliance System in the States/UTs of Tamil Nadu, Puducherry, Gujarat, Goa, Odisha, Manipur, Delhi, Chandigarh and Ladakh with effect from 1st June 2020.

The registration process will be as follows:

FSSAI Registration Process

Image Source: https://fssai.gov.in/cms/registration.php

For others, the licensing process as of now will be as under:

FSSAI Licensing Process

Image Source: https://fssai.gov.in/cms/licensing.php

Validity of FSSAI Licence

The validity of the FSSAI license ranges from 1 to 5 years. FBOs need to apply for the renewal of FSSAI license within 30 days before its expiry date. In case there is a delay in renewal, a late fee is charged – INR 100 per day for each day of delay.

Documents required for renewal of FSSAI License

  1. Form A or B, as required.
  2. Proprietor’s or Director’s declaration that they will comply with the updated rules and regulations under FSSAI.
  3. Proprietor’s or Director’s photo ID proof.

For the renewal of FSSAI license, the FSSAI cross-validates the details furnished in the application form, and the designated inspectors might visit and examine the machinery and equipment, and monitor the performance and validity of the Food Safety Management System. Once, the officials are satisfied with their inspection; the FSSAI license gets renewed.

Non-Compliance of Food Safety Standards

Every FBO registered under FSSAI needs to comply with the rules and regulations set forward by the board. The food safety officials have an authority to investigate the working conditions and the food handling techniques randomly. Using a pre-defined checklist, the officials grade the FBOs.’

The grading pattern:

  • C – Compliance
  • PC – Partial compliance
  • NC – Non-compliance or
  • NA – Not applicable/Not observed

In case of discrepancies,  the food safety officials will issue a notice to the FBO who is supposed to take the required action within the time prescribed. In case the FBO fails to do so within a prescribed duration, a Show Cause Notice is conveyed.

This Show Cause Notice states the date by which the food business operator has to provide reasons for the non-compliance. If the FSSAI finds the explanations unsatisfactory or if the FBO fails to reply to the notice, within the specified time, the FSSAI license gets cancelled.

However, the FBO can file an appeal with the State Commissioner if he/she finds the notice/decision biased. The decision taken by the State Commissioner can further be challenged in the Food Safety Appellate Tribunal or the high court.

Penalty of Non-Compliance

  1. If FBO is working without obtaining an FSSAI license, the representative of the FBO may face both imprisonment and a fine of up to INR 5 lakhs.
  2. If the FBO is selling a sub-standard quality product, a penalty of INR 5 lakhs may be charged.
  3. If the FBO is selling wrongly branded products, the owner or the representative can be penalised up to INR 3 lakhs.
  4. FBOs who are selling, packing, storing, distributing, or importing food Items in an extraneous matter, can attract a penalty of INR 1 lakh.

Note: The penalty amount mentioned-above is subject to change depending upon the situation. For example: In case of death, due to the consumption of the particular food item, the penalty amount may increase to INR 5 lakhs along with imprisonment.